Judge Viorica Puica was appointed on Friday 24 November by the Superior Council of Magistracy (SCM) as a judge of the Constitutional Court (CC). Her candidacy was supported by all six members of the SCM present at the meeting after she was interviewed.

After the SCM meeting, the members of the SCM and the nominated judge came to Parliament, where the legislature was meeting. Puica was sworn in as a judge of the CC.

According to the law on the Constitutional Court, upon taking office, the judge of the Constitutional Court takes the following oath before the Parliament, the President of the Republic of Moldova and the Superior Council of Magistrates:

“I swear to perform honestly and conscientiously my duties as a judge of the Constitutional Court, to defend the constitutional order of the Republic of Moldova, to obey in the exercise of my office only and solely the Constitution”.

The candidacy of the Chief Prosecutor of the Section for Combating Trafficking in Human Beings of the Prosecutor General’s Office Sergiu Russu, who was also interviewed, was not put to a vote, after the vote was taken in the order of the submission of the files and Puica was supported by all members.

“Viorica Puica is appointed as a judge of the Constitutional Court of Moldova for a term of 6 years. Judge Viorica Puica is suspended by right from her post during the term of office as a judge of the Constitutional Court,” the acting president of the SCM Sergiu Caraman announced.

Puica thanked the members of the SCM for their “trust” and said that her opponent was “a very professional and honest man”.

The SCM has not yet appointed another interim president of the SCJ. Viorica Puica has also entered the competition for the position of judge of the SCJ and is now being evaluated by the Vetting Commission.

The SCM has made public the magistrate’s CV, statement of ethical integrity and motivation letter.

“The Constitutional Court, being the only authority of constitutional jurisdiction in the Republic of Moldova and independent from any other public authority, guarantees the supremacy of the Constitution, ensures the realization of the principle of separation of state power into legislative power, executive power and judicial power, guarantees the responsibility of the state towards the citizen and of the citizen towards the state.

My decision to run for the position of judge of the Constitutional Court is based on the role of the Court in consolidating a democratic society and building the rule of law, the responsibilities derived from the mandate of the position, but also from my extensive experience during more than 26 years of activity in the legal field”, reads the motivation letter of Judge Viorica Puica.

Puica has previously been involved in two civil cases. Several complaints have been filed in her name with the Inspectorate of Judges. She stated that during her activity as a judge, from 26.11.2002 until the date of the questionnaire, I had never been disciplined.

Judge Viorica Puica has been acting as President of the SCJ since 26 August, when Tamara Chisca-Doneva’s resignation request was partially accepted and she ceased her activity.

At the beginning of May, seven judges were transferred for half a year as judges of the SJC.

In spring 2021, the candidacy of magistrate Viorica Puică for the position of judge at the SCJ was rejected by the parliamentary majority.

During the Parliament’s sitting of 12 March 2021, Vasile Bolea, chairman of the Legal, Appointments and Immunities Committee, proposed the rejection of the draft law on the appointment of Judge Viorica Puică to the CSJ until the age limit was reached, on the sole grounds that the draft law, having been put to the vote during the meeting of the Legal, Appointments and Immunities Committee, did not have the number of votes to be submitted for consideration and adoption in the plenary of the Parliament. Thus, by a majority vote, the magistrate’s application was rejected.

Viorica Puica has been a judge since 2002 and worked at the Court of sect. Centru district of Chisinau. In 2007, Viorica Puica was named the best judge in Moldova.

She has previously made several critical speeches about the judicial system in Moldova.

Vacancy for a judge at the Constitutional Court

During the last hearings of five candidates for the post of judge at the Constitutional Court, which took place on 22 June 2023, the members of the SCM did not support any candidatures, thus the competition failed.

ZdG analysed the work of 11 candidates for Constitutional Court judge in September 2021 and provided details of their careers. The names of some of them appeared or appear in criminal cases or in cases lost by Moldova at the European Court of Human Rights.

The post of judge at the CC became vacant on 28 January 2021 after the death of magistrate Eduard Ababei. The competition for the post of judge at the Constitutional Court (CC) was cancelled in June 2021 on the grounds that no candidate met the conditions for appointment as a CC judge. Earlier, Gheorghe Balan, a candidate for the post of judge at the CC, had requested the SCM to postpone the competition to fill the vacant post at the CC until the SCM had taken a decision on the appointment of some members of the SCM.

According to the law on the Constitutional Court, the authority of constitutional jurisdiction is composed of 6 judges, appointed for a 6-year term. Two judges are appointed by the Parliament, two by the Government and two by the Superior Council of Magistrates.

Former President of the Constitutional Court Nicolae Rosca and Judge Liuba Sova were appointed by the Government, Judge Domnica Manole and Magistrate Vladimir Turcan – appointed by the Parliament, and Judge Sergei Turcan was appointed by decision of the SCM. They are part of the CC composition in 2019.